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Posted at 4:13 PM ET, 01/ 4/2011

Del. Marshall says McDonnell is wrong on 'don't ask don't tell'

By Anita Kumar
Anita Kumar

Del. Bob Marshall said on FOX & and Friends Tuesday that fellow Republican, Gov. Bob McDonnell, was wrong to say that gays can't be banned from the Virginia National Guard even though the federal government repealed the 17-year-old federal ''don't ask, don't tell" policy.

"The governor's making an assumption that is not factually correct," Marshall said. "We can have different policies. This is a separate unit. When you join the U.S. Army...you don't join the Virginia National Guard."

Marshall is drafting a bill to ban gays from serving in the Virginia National Guard, but McDonnell said that they must be able to openly serve.

Claire Guthrie Gastanaga, general and legislative counsel for the gay rights group Equality Virginia, who also appeared on FOX & Friends, agreed with the governor -- a rare occurrence.

"This decision's been made," she said. "It's time for us to go forward like good soldiers and implement it across the board in Virginia. There shouldn't be two standards for gentlemen and ladies fighting side by side in the military."

See the full interview below:

By Anita Kumar  | January 4, 2011; 4:13 PM ET
Categories:  Anita Kumar, Robert F. McDonnell  
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Next: McDonnell calls special legislative election for March 8

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